Interpretation ID: nht92-4.32

DATE: August 19, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: C.N. Littler -- Coordinator, Regulatory Affairs, Motor Coach Industries

TITLE: None

ATTACHMT: Attached to letter dated 5/25/92 from C.N. Littler to Mary Versailles (OCC 7339)

TEXT:

This responds to your letter of May 25, 1992, concerning possible federal preemption of a bill that has been introduced in the New York State legislature. The bill would require any intercity bus that is operated in the State of New York manufactured on or after July 1, 1993 to be equipped with safety belts at every seating position, unless the bus is operated by a motor carrier which does not operate anually more than 100 days or more than 10,000 vehicle miles within the State of New York. After reviewing the copy of this bill enclosed with your letter, we have concluded that it appears to be preempted by Federal law, to the extent that it requires the installation of seat belts for passenger seats of buses that have a gross vehicle weight rating (GVWR) of more than 10,000 pounds and that are not State-owned vehicles. This conclusion is explained in detail below.

Section 103(d) of the National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1392(d)) states:

Whenever a Federal motor vehicle safety standard ... is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard. Nothing in this section shall be construed to prevent ... any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicles or motor vehicle equipment procured for its own use if such requirement imposes a higher standard than that required to comply with the otherwise applicable Federal standard.

Section 103(d) preempts New York's proposed law if that law covers the same aspect of performance as an applicable Federal motor vehicle safety standard, and is different from the applicable Federal standard, with one exception. It would not preempt the law to the extent that the law imposes a higher level of performance upon vehicles procured for use by the State or any of its political subdivisions.

In this case, Standard No. 208, Occupant Crash Protection (49 CFR 571.208) "specifies performance requirements for the protection of vehicle occupants in crashes." (S1 of Standard No. 208). Section S4.4 of Standard No. 208 specifies performance requirements for the protection of bus occupants. Accordingly, there is a Federal motor vehicle safety standard in effect and that standard establishes performance requirements for occupant protection in buses. The question then is whether the proposed New York State law, which

applies to the same aspect of performance, is either identical to Standard No. 208's requirements.

The applicable performance requirements for occupant protection at passenger seats in buses manufactured on or after September 1, 1991, differ, depending upon whether the vehicle has a GVWR of 10,000 pounds or less or a GVWR of more than 10,000 pounds. For buses (other than school buses) with a GVWR of 10,000 pounds or less, S4.4.3.2 of Standard No. 208 requires a lap/shoulder belt to be provided at every forward-facing outboard seating position, and either a lap belt or a lap/shoulder belt to be provided at every other seating position. New York's law, requiring seat belts at every seating position in buses, would not be preempted with respect to these small buses if it were interpreted to require the same types of safety belts as required under Standard No. 208.

With respect to buses with a GVWR of more than 10,000 pounds, manufactured on or after September 1, 1991, S4.4.3.1 of Standard No. 208 requires compliance with either of two options for the driver's seating position, the installation of an automatic restraint or the installation of either a lap belt or lap/shoulder belt, and does not require any type of occupant protection system at any other seating position. NHTSA expressly determined that there is not a safety 'need for safety belts or another type of occupant crash protection at these seating positions. See, 39 FR 27585, July 30, 1974. With respect to these large buses, the New York bill would be preempted to the extent that it requires seat belts to be installed at seating positions other than the driver's seating position.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.